For immigrant parents in the United States, nothing is more important than the possibility of being with their children and taking care of them.
However, during the process, concerns or questions about various topics, such as those related to surnames, may arise.
What if you want to petition for a child but they do not have your last name? To answer this question, different aspects must be considered.
Paternity: Biological and Legal Concepts
Firstly, we must bear in mind that, according to U.S. laws, there are two concepts regarding paternity:
- Biological concept, which refers to the genetic relationship between a father and his child, which can be determined through DNA tests.
- Legal concept, which refers to the legally recognized relationship between a father and his child. This legal paternity can be established in different ways according to the laws of each country, and it does not always depend on the biological link.
In many legal systems, those who assume responsibility and care for a child, regardless of the genetic connection, are recognized as legal parents.
This can include stepfathers or stepmothers who have taken on the role of parent in the child’s life, as well as adoptive parents who have legally obtained custody.
Can you petition for your child if they do not have your last name?
For an immigration process in the United States, immigration laws take into account the legal concept of paternity, as the biological father is not necessarily also the legal father.
In that sense, there is indeed the possibility of submitting a family petition for a child, even if they do not have the same last name.
However, it is extremely important to analyze each case in depth and in detail to determine the best way to proceed, as it will be necessary to demonstrate the paternity relationship.
How can it be demonstrated?
In some cases, when the biological father is NOT identified as the legal father on an official document such as a birth certificate, it will be necessary to demonstrate this paternity link.
This can be done by considering whether the father has been present in his child’s life, for example, in matters related to education, health, or recreation, among other areas.
However, we must bear in mind that these are quite complex cases, so we recommend consulting with an immigration lawyer who can guide you appropriately in your process.
The content presented here is for informational purposes only and is not legal advice or consultation in any case.
